| Parliament name (generic / translated) |
Congreso / Congress |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Cámara de Diputados / Chamber of Deputies |
| Related chamber (for bicameral parliaments) |
Cámara de Senadores / Senate
|
| NATURE |
| Nature of the mandate |
· Free representation
|
| Start of the mandate |
· On 1 July of the year of elections (Art. 187 (2) of the Constitution of 20.06.1992)
|
| Validation of mandates |
· Validation by the Chamber of Deputies only in case of challenge (Art. 10 (a) of the Rules of Procedure of the Chamber of Deputies)
· Procedure (Art. 196 to 198 of the Constitution, Art. 11 to 23 of the Rules of Procedure of the Chamber of Deputies)
|
| End of the mandate |
· On the day when the legal term of the House ends, that is on 30 June of the fifth year of the legislature (Art. 187 (2) of the Constitution) (early dissolution not foreseen in the Constitution)
|
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 201 (2) of the Constitution)
· Procedure (Art. 190 of the Constitution, Rule 34 of the Rules of Procedure of the Chamber of Deputies): written resignation; the Chamber of Deputies decides by a simple majority vote.
· Authority competent to accept the resignation (Rule 34 (1) of the Rules of Procedure of the Chamber of Deputies): the Chamber of Deputies
|
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter (Rule 34 (1) of the Rules of Procedure of the Chamber of Deputies):
- Incompatibilities or ineligibilities (Art. 196 to 198, and 201 (1), No. 1 of the Constitution; see also Validation of mandates)
- Disciplinary measures and penalties foreseen for violation of the rules of conduct (Art. 201 (1), No. 2 of the Constitution, Rule 34 (2) of the Rules of Procedure of the Chamber of Deputies)
- General procedure (Art. 190 of the Constitution, Rule 34 (2) of the Rules of Procedure of the Chamber of Deputies)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Board
2. The parliamentary groups
3. The committees
· Outside Parliament: the official order of precedence does not include MPs.
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary + Representation allowance: $ 3,200
+ Additional allowance: $ 800
· Total exemption from tax
· Special pension scheme
· Other facilities:
(a) Secretariat/assistants (Art. 200 of the Constitution, Rules 199 to 209, and 222 of the Rules of Procedure of the Chamber of Deputies)
(b) Others: library (Rules 213 to 215 of the Rules of Procedure of the Chamber of Deputies)
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 191 (1) of the Constitution; see also Art. 1 of the Ley de Garantías de Fueros).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations: offence or insult (Art. 95 of the Rules of Procedure, see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 191 (1) of the Constitution, see also Art. 3 of the Ley de Garantías de Fueros).
· It applies to criminal and civil proceedings, covers all offences and protects MPs only from arrest and from being held in preventive custody.
· Derogations: if caught in flagrante delicto in relation to a crime meriting a prison sentence, an MP can be arrested. Procedure (Art. 191 (1) of the Constitution; see also Art. 9 and 10 of the Ley de Garantías de Fueros).
· Parliamentary inviolability does prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate.
· Parliamentary immunity (inviolability) can be lifted (Art. 109 (2) of the Constitution):
- Competent authority: the Chamber of Deputies
- Procedure (Art. 109 (2) of the Constitution). In this case, MPs must be heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by Parliament and the political parties.
· Handbooks of parliamentary procedure:
- Constitución Nacional
- Reglamento de la Honorable Cámara de Diputados
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings (Rule 29 of the Rules of Procedure of the Chamber of Deputies). For leave of absence, see Rules 30, 31, 33, and 39 of the Rules of Procedure of the Chamber of Deputies.
· Penalties foreseen in case of failure to fulfil this obligation (Rule 32 of the Rules of Procedure of the Chamber of Deputies): call to order, reduction of salary
· Body competent to judge such cases/to impose penalties: the President
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 190 of the Constitution, and Rules 34, 95, and 97 to 102 of the Rules of Procedure of the Chamber of Deputies.
· Disciplinary measures foreseen:
- Interruption (Rule 97 of the Rules of Procedure of the Chamber of Deputies)
- Warning for irrelevance (Rules 98 and 99 of the Rules of Procedure of the Chamber of Deputies)
- Call to order (Rules 100 and 101 of the Rules of Procedure of the Chamber of Deputies)
- Admonition (Art. 190 of the Constitution, Rules 34 and 102 of the Rules of Procedure of the Chamber of Deputies)
- Order to withdraw (Rule 102 of the Rules of Procedure of the Chamber of Deputies)
- Suspension from Parliament without pay (Art. 190 of the Constitution, Rules 34 and 102 of the Rules of Procedure of the Chamber of Deputies)
- Exclusion from Parliament (Rules 34 and 102 of the Rules of Procedure of the Chamber of Deputies)
- Other measures (Rule 102 of the Rules of Procedure of the Chamber of Deputies)
· Specific cases:
- Offence or insult (Art. 95 of the Rules of Procedure)
· Competent body to judge such cases/to impose penalties:
- Interruption, call to order: the President
- Warning for irrelevance: the President, the Chamber of Deputies
- Admonition, order to withdraw, suspension from Parliament without pay, exclusion from Parliament, other measures: the Chamber of Deputies
· Procedure:
- Interruption (Rule 97 of the Rules of Procedure of the Chamber of Deputies)
- Warning for irrelevance (Rules 98 and 99 of the Rules of Procedure of the Chamber of Deputies)
- Call to order (Rules 100 and 101 of the Rules of Procedure of the Chamber of Deputies)
- Admonition, order to withdraw, suspension from Parliament without pay, exclusion from Parliament, other measures (Art. 190 of the Constitution, Rules 34 and 102 of the Rules of Procedure of the Chamber of Deputies)
- Offence or insult
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 190 and 201 (1), No. 2 of the Constitution, Rules 34 and 102 of the Rules of Procedure of the Chamber of Deputies).
· Penalties foreseen for violation of the rules of conduct (Art. 190 and 201 (1), No. 2 of the Constitution, Rules 34 and 102 of the Rules of Procedure of the Chamber of Deputies; misconduct, improper use of the influence stemming from his office):
- Admonition
- Order to withdraw
- Suspension from Parliament without pay
- Exclusion from Parliament (see also Loss of mandate)
· Competent body to judge such cases/to impose penalties: the Chamber of Deputies
· Procedure (Art. 190 of the Constitution, Rules 34 and 102 of the Rules of Procedure of the Chamber of Deputies)
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field.
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